Puerto Rico does not have a specific law or official government declaration regarding homeschooling. However, homeschooling is a legal educational alternative based on constitutional protections. You are not required to notify any government agency that you intend to homeschool your child unless you are withdrawing your child from a traditional school to begin homeschooling (see the Suggested Guidelines and Agency Policies). There are no legal requirements regarding the number of instructional days, subjects that must be taught, parental qualifications, curriculum scope and sequence, or similar educational standards.

Puerto Rico is subject to both the Constitution of the United States and the Constitution of Puerto Rico. The right of parents to educate their children at home is protected under the Fourteenth Amendment to the United States Constitution (Right to Liberty) and Article II, Section 7 of the Constitution of Puerto Rico.

If you homeschool based on sincerely held religious beliefs, additional constitutional protections apply under the First Amendment to the United States Constitution (Freedom of Religion) and Article II, Section 3 of the Constitution of Puerto Rico.

The Constitution of Puerto Rico also provides an exemption from compulsory attendance at public schools for children receiving instruction in schools established under non-governmental auspices (Article II, Section 5 of the Puerto Rico Constitution and 18 P.R.L.A. § 2). Although it is unlikely that the Constitutional Convention specifically contemplated homeschooling when this exemption was created, it is reasonable to conclude that homeschooling families fall within this distinction.

Additionally, the Constitution of Puerto Rico expressly protects the privacy and integrity of family life (Article II, Section 8).

Some homeschooling families in Puerto Rico believe there is a need for formal government recognition of homeschooling as a legitimate and acceptable educational alternative. They also believe that the role of homeschool educators should be clarified within statutory exemptions, such as those found in Puerto Rico Laws 149 and 177, which do not clearly explain how they apply to homeschooling families (see below). They believe this could be accomplished through respectful homeschooling legislation or an official governmental opinion that recognizes homeschooling without regulating or infringing upon the freedoms that homeschool educators currently enjoy.

Other homeschooling families in Puerto Rico believe that any legislation or official governmental opinion concerning homeschooling—regardless of how limited or permissive it may be—would constitute an unnecessary infringement upon their constitutional freedoms as homeschool educators.

Puerto Rico Law 149, enacted on July 15, 1999, as amended, establishes that all children between the ages of five (5) and twenty-one (21) are required to attend school.

Puerto Rico Law 177 addresses educational neglect. Because there is no official governmental statement recognizing homeschooling as an educational alternative, combined with a general lack of public understanding about homeschooling, homeschooling families may be more likely to face allegations of educational neglect simply because their children do not attend what is commonly recognized as a traditional school. If this situation arises, please refer to the guidance provided in the following section.

Fourteenth Amendment, Section 1

Constitution of the United States

All persons born or naturalized in the United States, and subject to its jurisdiction, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Article II, Section 7

Constitution of Puerto Rico

The right to life, liberty, and the enjoyment of property is recognized as a fundamental right of every human being. The death penalty shall not exist. No person shall be deprived of liberty or property without due process of law. No person in Puerto Rico shall be denied the equal protection of the laws. No law impairing the obligation of contracts shall be enacted. A reasonable amount of property and possessions shall be exempt from seizure as provided by law.

First Amendment

Constitution of the United States

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Article II, Section 3

Constitution of Puerto Rico

No law shall be enacted respecting the establishment of any religion or prohibiting the free exercise thereof. There shall be complete separation of church and state.

Article II, Section 5

Constitution of Puerto Rico

Every person has the right to an education directed toward the full development of the human personality and the strengthening of respect for human rights and fundamental freedoms. Compulsory attendance at public elementary schools, to the extent permitted by state facilities, shall not be construed to apply to those receiving elementary instruction in schools established under non-governmental auspices. (Also found in 18 P.R.L.A. § 2.)

Article II, Section 8

Constitution of Puerto Rico

Every person has the right to the protection of the law against abusive attacks upon his or her honor, reputation, and private or family life.
 

Puerto Rico Law 149 – Compulsory School Attendance

**Article 1.03 – Compulsory School Attendance**
*(Also P.R.A. Title 3, § 391)*

**a.** School attendance is compulsory for all children between the ages of five (5) and twenty-one (21), with the exception of students who demonstrate outstanding academic achievement and those enrolled in adult secondary education programs or other educational programs designed to prepare them for reentry into regular schools or for taking the high school equivalency examination.

**b.** Any parent, guardian, or person responsible for a minor who encourages, permits, or tolerates the child's absence from school, or neglects the obligation to ensure the child's school attendance, commits a misdemeanor and may be subject to a fine of up to five hundred dollars ($500), imprisonment for up to six (6) months, or both, at the discretion of the court.

In addition, such conduct may constitute an administrative violation that could result in the loss of benefits under the Nutritional Assistance Program, Public Housing programs, or other subsidized housing programs.

The Department of Education shall establish, through regulations, a notification system to inform parents or guardians of student absences so they may fulfill the obligations required by law. Those regulations shall also establish the procedures for notifying government agencies that administer public assistance programs when repeated absences occur, so that the appropriate actions may be taken under this law.

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Puerto Rico Law 177 of August 1, 2003

Child Protection and Welfare Act

Article 2 – Definitions

(v) Neglect means a form of child abuse consisting of the failure to fulfill parental duties or to exercise appropriate care by adequately providing a child with food, clothing, shelter, education, or medical care; failing to provide proper supervision; or failing to maintain regular visitation, contact, or communication with the child.

A child shall also be considered a victim of neglect if the parent or person responsible for the child engages in the conduct described in Section 166A, subsections (3) and (4), of the Civil Code of Puerto Rico.

Article 76 – Neglect

Any parent or person responsible for the welfare of a child who, through an act or omission, causes harm to the child or places the child at risk of physical, mental, or emotional injury shall be subject to a fixed term of imprisonment of two (2) years, a fine of not less than five thousand dollars ($5,000) and not more than eight thousand dollars ($8,000), or both penalties, at the discretion of the court.